Legal Options for Municipal Climate Adaptation in South Boston

This report presents the legal options available to the the City of Boston, Massachusetts to address climate change adaptation. In support of the City's efforts to plan for the impacts of climate change, Harvard Law School’s Emmett Environmental Law & Policy Clinic and its students analyzed the City’s legal authority and identified opportunities for addressing its climate vulnerabilities. In particular, this white paper focuses on examining solutions for the impacts of sea level rise and more frequent and more intense storms in Fort Point Channel and South Boston.

This report is organized into four different categories of options available to Boston for reducing its vulnerability to climate change impacts including project and environmental reviews; legislation and regulations; public investment; and funding for specific adaptation measures.  For each category the paper details specific legal options and presents the authority for each option, the type of development to which the option applies, and recommended actions for utilizing each option. These options were developed by reviewing climate adaptation measures in other cities both domestically and internationally, relevant literature, and the City’s expressed adaptation priorities.

South Boston is home to residential, commercial, and industrial properties; a historic district, new buildings and areas of planned development; private and government-owned properties; and an important transportation, wetlands, and water-system infrastructure.  Climate change is expected to cause approximately two and a half to five feet of sea level rise in Boston Harbor by the end of the century.

Publication Date: August 2011

Authors or Affiliated Users:

  • Wendy B. Jacobs
  • Leah R. Cohen
  • Jennifer McGrory

Related Organizations:

  • City of Boston, Massachusetts
  • Harvard Law School

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Resource Types:

  • Legal Analysis
  • Policy analysis/recommendations

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